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(영문) 인천지방법원 2014.10.30 2014고단944
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around October 19, 2012, the Defendant, “2014 Godan944,” made a false statement to the victim E in the used cars export office located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, stating that “Second punishment was made by taking the other party at the time of a person. It is urgently necessary to pay criminal agreement, thereby lending KRW 2.5 million.”

However, there was no criminal defendant's second punishment, and at the time, the defendant's company was unable to pay the monthly salary to employees, so the defendant did not have the ability to pay the money even if he borrowed money from the victim.

Around October 19, 2012, the Defendant, by deceiving the victim, received 25 million won from the victim to the foreign exchange bank account in the name of the Defendant and acquired it by fraud.

The Defendant, from around 2006 to April 2013, 2013, was a person who has engaged in the secondary export business with the trade name of “F” in Yeonsu-gu Incheon Metropolitan City D, with a view to acquiring money from the victim G who was aware of the fact that it is difficult to operate the business.

On May 9, 2013, the Defendant called the victim on May 9, 2013 and lent money to the victim for one week.

5. Until 16.16. Performance without mold;

It was false to the effect that she can repay 8 million won.

However, in fact, since the financial standing of the defendant has deteriorated, it was very difficult for the defendant to operate his business, even if he borrowed money from the victim, he did not have the intention or ability to complete the repayment.

Nevertheless, the Defendant, by deceiving the victim as above, received eight million won from the victim to the new bank account (H) in the name of the Defendant.

Summary of Evidence

"2014 Highest 944"

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution "2014 high-ranking 3631";

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. The application of the law of the police statement concerning G.

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